28 Minn. 306 | Minn. | 1881
This is an action of ejectment. The complaint alleges that the plaintiff is, and has been for more than eight years last past, the owner in fee-simple of the south-west quarter of section 13, in township 115, and range 28, situated in McLeod county, Minnesota, and that he is, and has been during all that time, in possession thereof, except as dispossessed by the defendant; and that on the 1st day of June, 1879, the defendant wrongfully entered upon, and has ever since possessed, and now withholds from him, a part of said quarter-section, viz., a tract of land 20 rods square in the south-west corner thereof.. The answer puts in issue the ownership and posses?
The trial proceeded upon the theory that A. Jackson Bell, the common source of title, was. the owner of the entire quarter-section on the 21st day of March, 1857. The plaintiff, to prove his case, put in evidence the record of a deed from him and his wife of the quarter-section to Mary L. Hill, dated September 26, 1870, and recorded May 6, 1871, and the record of a deed of the same quarter-section from Mary L. Hill to the plaintiff, dated April 27, 1871, and recorded May 7, 1871. The defendant offered in evidence the record of a deed from A. Jackson Bell and wife to Richard Chute, dated August 9, 1859, and recorded August 24, 1859, of lands in McLeod county, Minnesota, described as follows: “Lots 9, 10, 11 and 12, in block 49, in Bell & Wigfall’s addition to Glencoe, according to the lithographed map of said addition, now on file in the office of the register of deeds in and for the county of McLeod.” There were embraced in the description 59 other lots in different blocks of the same addition. The defendant also offered the record of several other deeds of conveyance, constituting a chain of title from said Chute to the defendant, containing a similar description, and including lots 9, 10, 11 and 12, in block 49. The defendant also offered a plat on which was indorsed a certificate of the register of deeds of McLeod county, of the filing thereof in his office for record on the 22nd day of March, 1857; also a certificate as follows:
“Given under my hand the 21st day of March, 1857.
“A. Jackson Bell,
“Elizabeth Bell.
“In presence of A. M. Close.”
—Annexed to which was a certificate of a notary public of the acknowledgement thereof by A. Jackson Bell and Elizabeth Bell, dated March 21, 1857. There was also indorsed on the plat the following statement, not signed or dated, viz.: “Wigfall & Bell’s addition to Glencoe, being the south-west quarter of section 13, township 115, range 28, in which all lots are 36J feet front, and all east and west streets five rods wide, and all north and south streets four rods wide.” A scale was also indicated on the plat, marked “Scale of feet, 300 per inch.” The face of the plat was 13 inches square, and it was intersected by streets, running north and south and east and west, and the blocks thereby formed were numbered from 1 to 64, inclusive. The blocks were divided into 16 lots each, 8 of them fronting north and 8 fronting south, except that the tier of blocks on the south line of the plat were half blocks, containing 8 lots each, fronting north, and the east tier of blocks contained 12 lots, 6 fronting north and 6 fronting south. The lots were not numbered, except that the lot at the north-west corner of each block of 16 lots was numbered 1, and the lot immediately south of it, in the south-wést corner, was numbered 16. The length of the lots was not stated, nor their width, except in the general statement above set forth. There was no certificate of a surveyor thereon, nor anything to indicate that the lands had ever been surveyed into streets, blocks, or lots on the ground. Block 49 was on the west side of the plat, the west line thereof being on the section line, and had only a street and half block, as above mentioned, south of it. These deeds and plat "were admitted in evidence under the objection of the plaintiff to them severally that they were incompetent, irrelevant and immaterial, and the plaintiff excepted.
Assuming, then, that the identity of the plat was established, we have to consider whether it furnishes sufficient data by which the lots referred to in the deed can be located. The plat is wanting in nearly all the requirements to make it a statutory, town-plat, but a proper reference to it in the deed would, nevertheless, make it so far a part of the deed as to justify its use in identifying the property intended to be passed thereby. But there are no lots in block 49 numbered 9, 10, 11 and 12, and if we should attempt to draw an inference from the numbering of lots 1 and 16, as above mentioned, that it was the intention that the other lots in the block should be regarded as numbered in progressive order, around the block, from 1 to 16, still, as the length of the lots is not stated, the difficulty would not be materially relieved. If we resort to the scale, 300 feet to the inch, to ascertain the length of the lots, we find, the plat being 13 inches square, that its use would make the quarter-section 3,900 feet
Order reversed, and new trial granted.